In Weber v. State, 253 Mont. 148, 831 P.2d 1359 (1992), the Plaintiff in a wrongful discharge action brought against the State recovered $ 33,230.00 in damages. The trial court denied the Plaintiff's request for attorney's fees under 25-10-711 M.C.A. concluding that the defense of the State was neither frivolous nor pursued in bad faith, pointing to the facts that Plaintiff had originally valued his case at $ 500,000, later offered to settle for $ 170,000 and the jury awarded $ 33,230. The Supreme Court stated that those figures demonstrated that the State's defense was not frivolous. In Jones v. the City of Billings, 279 Mont 341, 927 P.2d 9, the jury awarded the Plaintiff $ 20,000 as a result of injuries she sustained in an automobile accident which the jury found to have been caused by the city's negligence in establishing and maintaining a traffic signal system at an intersection. The trial court denied the Plaintiff's request for an award of attorney's fees pursuant to 25-10-711 M.C.A. pointing to the fact that the City had offered evidence from which one could conclude that it was not negligent, the jury found that the Plaintiff was also negligent and the jury awarded the Plaintiff approximately one-third of the damages she had sought. The Supreme Court concluded that the district court findings relating to the city's defense were supported by substantial evidence of a bonafide difference of opinion regarding substantial issues of whose negligence caused the accident and the amount of the Plaintiff's damages.